Deputy Commissioner of Income tax, Pune V. M/s. Kala Genset Pvt.Ltd, Pune

ITA 517/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5625 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 4 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-07-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 02-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N ASHOK BABU
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO.517/PUN/2017 / ASSESSMENT YEAR : 2012-13 DCIT, CIRCLE-9, PUNE. ....... / APPELLANT / V/S. M/S. KALA GENSET PVT. LTD., 392/1, VILL-MAHALUNGE, TALUKA: KHED, PUNE-410501. PAN : AAACK6784C / RESPONDENT REVENUE BY : SHRI N. ASHOK BABU ASSESSEE BY : SHRI NIKHIL PATHAK / DATE OF HEARING : 18.07.2019 / DATE OF PRONOUNCEMENT : 18.07.2019 / ORDER PER D. KARUNAKARA RAO, AM: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A)- 6, PUNE DATED 28.11.2016 FOR THE ASSESSMENT YEAR 2012-13. 2. BEFORE US, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 3. THE LD. DR FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THE IMPUGNED APPEAL IS LESS THAN RS.20 LAKHS AND THEREFORE, THE APPEAL FILED BY THE REVENUE HAS TO BE DISMISSED. 2 ITA NO.517/PUN/2017 4. AFTER HEARING BOTH THE SIDES, WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN THE IMPUGNED APPEAL IS ADMITTEDLY BELOW RS.20 LAKHS. THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO.3/2018, DATED 11.07.2018 WHICH HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. AS PER THE SAID CIRCULAR (SUPRA), THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT HAS BEEN RAISED TO RS.20 LAKHS. WE FIND THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW RS.20 LAKHS. THEREFORE, WITHOUT GOING INTO THE MERITS OF THE ISSUES/GROUNDS, THE PRESENT APPEAL IS DISMISSED AS THE SAID APPEAL IS IN CONTRAVENTION OF THE CBDT CIRCULAR DATED 11-07-2018 (SUPRA). 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH DAY OF JULY, 2019. SD/- SD/- ( /VIKAS AWASTHY) ( . /D. KARUNAKARA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 18 TH JULY, 2019. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-6, PUNE. 4. THE PR.CIT-5, PUNE. 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.